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HERE TO PRINT THE BNI CONNECT® TERMS OF USE IN ENGLISH.
Effective/Last
Updated: May 25, 2018
BNI Connect®
BNI Worldwide Development Ltd controls data related to BNI’s
operating management system known as BNI Connect® for and on
behalf of BNI Global, LLC, together with its related affiliates
BNI Singapore Enterprises Pvt Ltd, BNI India Enterprises Pvt
Ltd, BNI Franchising, LLC, BNI Connect Global, LLC, BNI Hong
Kong Enterprises Pvt Ltd, BNI Lanka Enterprises Pvt Ltd, and BNI
Enterprise Business Network (Guangzhou) Co Ltd (“BNI”,
“our” or “we”) is making its BNI Connect®
tool available to you subject to these evolving Terms of Service
(“ToS”). The
ToS govern your access to and use of BNI’s services available
via our BNI Connect®
Website and Mobile App, each as and if applicable, (collectively
“BNI Sites”).
The BNI Sites include BNI’s related websites, SMS,
APIs, email notifications, applications (web and/or mobile),
buttons, widgets, ads, commerce services, and any other related
services that can be accessed via our BNI Sites or that link to
these ToS (collectively, the “Services”), and any
information, text, links, graphics, photos, videos, or other
materials or arrangements of materials uploaded, downloaded or
appearing on the Services (collectively referred to as “Content”).
By using the BNI Sites and Services you agree to be bound by
these ToS. Since
these ToS are evolving, expect frequent changes to them, and
with such changes, your use, rights and privacy expectations may
also change.
In the event of inconsistency between any terms of this contract
and any translation into another language, the English version
will control and prevail on any question of interpretation or
otherwise.
1. Who May Use the
Services.
If the law in your jurisdiction allows you
to enter into agreements with third parties, you agree to these
ToS, and you are a member of BNI in good standing, then you can
use the BNI Sites and Services.
However, if (a) your mind is legally incapacitated
(mental disability, intoxication, under the age of 18, etc.) for
any reason, or (b) you are no longer or not yet a member in good
standing of BNI, then you are not allowed to use the BNI Sites
and Services. For
those who are accepting these ToS and using the BNI Sites and
Services on behalf of a company, organization, government, or
other legal entity, you represent and warrant that you are
authorized to do so.
2. Privacy.
Our Privacy Policy, accessible at
http://bnitos.com/privacy.html, describes how we collect, process, store and
share the information you provide to us when you use our BNI
Sites and Services. You acknowledge that through your use of the
Services, your personal data will be collected and used as set forth in the Privacy Policy, including the transfer of your
data to the United States, United Kingdom, and/or other
countries for storage, processing and use by BNI, its
franchisees and members, and its affiliates.
3. Content on the
Services.
You are responsible for your use of the
BNI Sites and Services and for any Content you provide,
including compliance with applicable laws, rules, and
regulations. Don’t
hit the submit/send button, unless you are prepared to be held
accountable for your Content.
Like with any content published via the
Internet, you must consider the source of the Content or
materials before using or relying upon it. Your use of the
Content and BNI Sites are at your own risk.
Users of the Services will operate in
a lawful, ethical and professional manner. Users shall conduct
themselves in a fair, responsible and businesslike manner at all
times and will avoid any discourteous, deceptive, misleading or
unethical practices.
You are solely responsible for any comments or posts you leave
on our Sites, Blogs or the BNI Connect® tool. BNI does not
control content posted and does not guarantee the accuracy,
integrity or quality of the content. In using the Site or the
Services you may be exposed to content that you may find
offensive, indecent or objectionable. Under no circumstances
will BNI be liable in any way for any content, including but not
limited to any errors or omissions in any content or any loss or
damage of any kind incurred as a result of the use of any
content posted or otherwise made available via the BNI Sites or
the Services.
Examples of unethical or unlawful activities
include, but are not limited to the following:
“Spamming” is the abuse of electronic
messaging systems to indiscriminately send unsolicited bulk
messages. While the most widely recognized form of spam is
e-mail spam, the term is applied to similar abuse in other
media, such as but not limited to, instant messaging, Usenet
newsgroups, web search engines, spam in blogs, wiki spam, mobile
phone messaging spam, Internet forum spam, and junk fax
transmissions. Spamming is strictly prohibited by BNI and will
result in the immediate termination of your account. Spamming
may also be illegal under applicable laws and may subject you to
civil or criminal penalties.
Your use of software made available
via a BNI Site is subject to any applicable license agreement or
user agreement or the documentation that accompanies or is
included with the software (“License
Terms”). In the event that software that is provided on or
through a BNI site is not licensed for your use through License
Terms specific to the software, you may use the software subject
to the following: (a) the software may not be modified or
altered in any way; and (b) the software may not be
redistributed.
You agree NOT to use the BNI Sites or
the Services to:
BNI has the right (but not the
obligation) in its sole discretion to screen, refuse, move or
remove any content that violates the ToS or is otherwise
objectionable.
You bear all risks associated with the
use of any content on the BNI Sites or in connection with the
Services including any reliance on the accuracy, completeness,
or usefulness of such content.
You acknowledge that BNI may access,
preserve and disclose your account information and content if
required to do so by law or in a good faith belief that such
access preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the provisions of
this ToS; (c) respond to claims that any content violates the
rights of third parties; (d) respond to your requests for
customer service; or (e) protect the rights, property or
personal safety of BNI, its users and the public.
The Services and software
embodied within the Service may include security components that
permit digital materials to be protected. The use of these
materials is subject to usage rules set by BNI and/or its
technology providers. You may not attempt to override or
circumvent any of the usage rules embedded in the Services.
BNI is an internet service provider, and
BNI is not responsible for the Content of its users.
As an internet service provider, BNI may not monitor or
control the Content posted via the BNI Sites.
This means that BNI does not endorse, support, represent,
verify or guarantee the completeness, truthfulness, accuracy, or
reliability of any Content or communications posted via the BNI
Sites and Services, or endorse any opinions expressed via the
BNI Sites and Services.
This means that you may read or view Content that is
offensive, false, misleading, deceptive, or otherwise
inappropriate, or in some cases, postings that have been
mislabeled. All Content is the sole responsibility of the user
who authored or published such Content, which is you when you
author and publish content via the BNI Sites and Services.
BNI is an intellectual property owner and
understands the costs and expenses in developing and maintaining
intellectual property.
BNI also respects the intellectual property rights of
others and expects its users of the BNI Sites and Services to do
the same. We reserve the right to remove Content alleged to be
infringing without prior notice, at our sole discretion, and
without liability to you. We will respond to notices of alleged
copyright infringement that comply with applicable law and are
properly provided to us, as summarized for you in our
Digital Millennium Copyright Act
(“DMCA”)
Copyright Infringement Report
and
Counter Notice forms.
Here you will find BNI’s instructions for reporting
copyright infringement to it, and responding to infringement
allegations against you by others.
We will respond to notices of alleged trademark and other
intellectual property infringement that comply with applicable
law and are properly provided to us, as described in our
Trademark Infringement Report and
Counter Notice
forms. Here you will find
BNI’s instructions for reporting trademark infringement to it,
and responding to infringement allegations against you by
others.
4. Your Rights.
You are to be responsible for
what you submit or post via the BNI Sites and Services.
This may be your opinions, photos, videos, logos and any other
thing that you can submit or post via the BNI Sites and
Services.
Please note that when you submit or post
Content via the BNI Sites and Services, you are granting to BNI
a worldwide, non-exclusive, royalty-free license (with the right
to sublicense) to use it for BNI’s business interests.
You acknowledge that any of this submitted Content, as well as
any other existing Content, can be used to create
relationship/networking information related to BNI Members (“Relationship
Data”). You
acknowledge and agree that Relationship Data is owned
exclusively by BNI, and neither you, nor anyone else, can use
this Relationship Data without the express written consent from
BNI. The purpose of this acknowledgement of BNI’s ownership of
the Relationship Data is in part to prevent others from creating
competing network groups or the like from the Content that BNI
has spent significant money, time and allocation of resources in
collecting and sorting for its business interests.
Accordingly, BNI owns the member relationship and
the Relationship Data. Similarly, if you are a BNI Franchisee,
you acknowledge that we may share your performance data with
other franchisees and that Relationship Data may similarly be
shared.
5. Using the
Services.
You may use the Services only in
compliance with these ToS and all applicable laws, rules and
regulations.
BNI’s Services are constantly evolving and
our Services are likely to change from time to time, at our
discretion and in accordance to our terms. BNI has the right and
may stop (permanently or temporarily) providing Services or any
features within the Services to you or to any user. BNI also
retains the right to create limits on your use and storage at
our sole discretion at any time. BNI may also remove or refuse
to distribute any Content via the BNI Sites and Services,
suspend or terminate users, and reclaim usernames without
liability to you.
You acknowledge and agree that in
consideration for BNI granting you access to and use of the BNI
Sites and Services, BNI and its third-party providers and
partners may place advertising to you via the BNI Sites and
Services, or in connection with the display of Content
(including your submitted or posted Content) or information from
the Services whether submitted by you or others. You also agree
not to misuse our BNI Sites or Services, for example, by
interfering with them or accessing them using a method other
than the interface and the instructions that we provide
BNI also reserve the right to access,
read, preserve, and disclose any information as we reasonably
believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce
the ToS, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or
technical issues, (iv) respond to user support requests, or (v)
protect the rights, property or safety of BNI, its users and the
public. BNI does not disclose personal identifying information
to third parties except in accordance with its Privacy Policy.
You are not allowed to develop the BNI
Sites and Services except as authorized in the ToS.
6. Your Account.
You need to join BNI and create a BNI
online account to use our online Services on the BNI Sites. You
are responsible for safeguarding your BNI Connect account, so
use a strong password and limit its use to this account. BNI
cannot and will not be liable for any loss or damage arising
from your failure to comply with the above.
7. Ending These
Terms of Service.
You may end your legal agreement and
membership with BNI at any time by deactivating your accounts
and discontinuing your use of the Services.
BNI may suspend or terminate your account
or cease providing you with all or part of the Services at any
time for any or no reason, including, but not limited to, if we
reasonably believe: (i) you have violated these ToS, (ii) you
create risk or possible legal exposure for us; (iii) your
account should be removed due to prolonged inactivity; (iv) your
BNI membership expires or is otherwise not renewed or
terminated, or (v) our provision of the Services to you is no
longer commercially viable. We will make reasonable efforts to
notify you by the email address associated with your account or
the next time you attempt to access your account, depending on
the circumstances. In all such cases, the ToS shall terminate,
including, without limitation, your license to use the Services,
except that the following Sections shall continue to apply: 1,
2, 3 and 8.
8. Third Party Beneficiaries.
You agree that these ToS is not an agreement
between you and Apple®, Google® or any other third party.
BNI grants you the right to use the BNI Sites on either
an iOS or Android product that you own or control, and as
permitted by such product’s applicable usage rules.
In the event of any failure of the BNI Sites to conform
to any applicable warranty, you may notify Apple®, Google® or
other applicable third party to request a refund of your
purchase price, if applicable, for the BNI Sites; and to the
maximum extent permitted by applicable law. BNI shall provide
maintenance and support services to the BNI Sites.
If you have any intellectual property or other claim in
association with the BNI Sites, please see BNI
at
legal@bni.com.
Apple®, Google® or
other applicable third party, and their subsidiaries are third
party beneficiaries of this ToS and Privacy Policy, and, upon
your acceptance, these third-party beneficiaries thereof will
have the right (and will be deemed to have accepted the right)
to enforce these ToS against you.
9. All Other Terms.
The following additional
terms apply both to your use of the BNI Connect® Mobile App and
to the BNI Connect® website.
A. Fees and Payments.
If you choose to join BNI as a member
in a BNI chapter, you will be provided access to our BNI Sites
and you agree to pay all fees associated with the membership.
Moreover, the BNI Connect® Sites are only available if you are a
member of BNI in good standing.
When you order a service you have an
opportunity to review and accept the fees that will be charged.
Prices, availability, and other purchase terms are subject to
change. BNI reserves the right without prior notice to
discontinue or change specifications and prices on services
offered on and outside of the BNI Sites without incurring any
obligation to you. All fees may be subject to taxes.
You are responsible for providing
true, accurate, current, and complete information when ordering
services through the BNI Sites or otherwise. If you use the BNI
Sites or other means to purchase a service, payment must be
received prior to acceptance of an order. BNI may need to verify
information you provide before BNI accepts your order, and may
cancel or limit your order any time after it has been placed.
Subject to applicable membership policies, if payment has
already been made and your order is cancelled or limited, BNI
will refund any payment you made for the service that will not
be delivered due to cancellation or limitation of an order in
the same tender as the original purchase.
If, for any reason, your credit card
company declines or otherwise refuses to pay the amount owed for
the service you have purchased, you agree that we may, at our
option, suspend or terminate delivery of service and may require
you to pay any overdue amounts incurred (including third-party
chargeback fees or penalties) by other means acceptable to us.
In the event legal action is necessary to collect on balances
due, you agree to reimburse us for all expenses incurred to
recover sums due, including attorney fees and other legal
expenses. Purchases of other products and services through the BNI Sites may be subject to other terms and conditions that are presented to you at the time of purchase.
B. No Automated Querying.
You may not send automated queries of
any sort to the BNI Sites or its systems without express written
permission in advance from BNI.
C. Representations
and Warranties.
For each piece of information and/or content that
you submit, you represent and warrant that: (i) you have the
right to submit the content to BNI and grant the licenses set
forth above; (ii) BNI will not need to obtain licenses from any
third party or pay royalties to any third party; (iii) the
content does not infringe on any third party’s rights, including
intellectual property rights and privacy rights; and (iv) the
content complies with this ToS and all applicable laws. If you
are submitting information and/or content that relates to a
third party (e.g. a Chapter visitor’s or a Referral’s contact
information), you are representing and warranting that (a)
you’ve secured consent from such third party for use of the
information in the manner reasonably anticipated (and in any
event to the extent that you’ve consented to for use of your own
information), (b) you will pass on and ensure delivery of any
breach notification to such third parties, and (c) you’ll update
BNI to the extent such third party desires to revise or withdraw
its consent, change, remove or otherwise exercise its data
privacy rights concerning use of its information.
D. Intellectual Property.
All content included on the BNI Sites and in
connection with the Services such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations and software, is the property of BNI or its content
suppliers and is protected by international copyright laws. All
software used on the Site is the property of BNI or its software
suppliers and is protected by international copyright laws. All
of the trademarks, service marks, logos, brand and trade names
appearing on the Site are the proprietary intellectual property
of the owners of such marks, logos or names and you may not use,
modify, remove or otherwise infringe any of such proprietary
intellectual property. BNI retains full ownership rights with
respect to the Site and the Services including but not limited
to design, functionality, and documentation. You may not copy,
edit, or reproduce any part of the Site or the Services.
E. Copyright.
The DMCA provides protections to BNI
relating to material posted online at the discretion of users of
our Sites. If you are a copyright owner and believe that any
content on our Site infringes your copyrights, you may inform us
by completing our
Copyright Infringement Report
form and mailing it to:
BNI Global, LLC
F. Indemnity and Defense.
You will defend, indemnify and hold
harmless BNI and its affiliates (and their respective employees,
directors, agents and representatives) from and against any and
all claims, costs, losses, damages, judgments, penalties,
interest and expenses (including reasonable attorneys' fees)
that arise out of or relate to: (i) your use of the Site or the
Services; (ii) any actual or alleged breach of your
representations, warranties, or obligations set forth in this
ToS; (iii) any content you provide including but not limited to
any actual or alleged infringement of any intellectual property
or proprietary rights of any third party.
G. Limitation of Liability.
BNI will not be liable for direct or indirect
damages of any kind, including without limitation incidental,
punitive or consequential damage or loss arising out of or in
connection with this ToS, the Site, the Services, inability to
use the Site or the Services, or resulting from any goods or
services obtained or messages received or transactions entered
into through the Site or the Services.
H. Disclaimer of Warranties.
The BNI Sites and the Services are provided on an
“as is” and “as available” basis. BNI makes no representations
or warranties of any kind, express or implied, concerning the
Site, the Services or the content thereof. To the fullest extent
permissible under applicable law BNI disclaims any and all such
warranties including without limitation:
I. Third Party websites.
The BNI Sites may redirect or link to
other websites on the Internet, or may otherwise include
references to information, products or services made available
by unaffiliated third parties. While we make every effort to
work with trusted, reputable providers, from time to time such
sites may contain information, material or policies that some
may find inappropriate or personally objectionable. You
understand that we are not responsible for the accuracy,
completeness, decency or legality of content hosted by third
party websites, nor are we responsible for errors or omissions
in any references made on those websites. The inclusion of such
a link or reference is provided merely as a convenience and does
not imply endorsement of, or association with the Site or party
by us, or any warranty of any kind, either express or implied.
You are solely responsible for and assume all risk arising from
your access to and/or use of any such linked websites.
J. Electronic Delivery of Notices.
By using the BNI Sites or the Services you consent to electronically receive from BNI any communications including notices, agreements, legally required disclosures or other information in connection with the Services. BNI may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.
K. Venue and Applicable Law.
The BNI Sites are created, operated
and controlled by BNI in the State of North Carolina, United
States of America. The laws of the State of North Carolina
govern this ToS without giving effect to principles of conflicts
of laws. Any action arising under this ToS shall be brought only
in courts located in Mecklenburg County, North Carolina, which
shall have exclusive jurisdiction and you consent to the
exclusive jurisdiction of such courts.
L. Severability.
In the event that any provision of
this ToS is held to be invalid or unenforceable the remaining
provisions of this ToS will remain in full force and effect.
M. Waiver.
BNI will not be considered to have waived any of
rights or remedies described in this ToS unless the waiver is in
writing and signed by BNI. No delay or omission by us in
exercising our rights or remedies will impair or be construed as
a waiver. Any single or partial exercise of a right or remedy
will not preclude further exercise of any other right or remedy.
Our failure to enforce the strict performance of any provision
of this ToS will not constitute a waiver of BNI’s right to
subsequently enforce such provision or any other provisions of
this ToS.
N. Relationship of Parties.
BNI is not your agent, fiduciary, trustee, or
representative. Nothing expressed or implied in this ToS is
intended or shall be construed to give to any person other than
the parties hereto any legal or equitable right, remedy, or
claim under or in respect to this ToS. This ToS is intended for
the sole and exclusive benefit of BNI and you.
O. No
Resale Right.
You agree
not to sell, resell, reproduce, duplicate, distribute, copy, or
use for any commercial purpose any portion of this Site, or use
of or access to this Site provided through this Site, beyond the
limited rights granted to you in our ToS.
P. Force
Majeure.
In addition
to any excuse provided by applicable law, we shall be excused
from liability for non-delivery or delay in delivery of Services
available through our Site arising from any event beyond our
reasonable control, whether or not foreseeable by either party,
including but not limited to: labor disturbance, war, fire,
accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those
which are enumerated above.
Effective/Last Updated:
May 25, 2018
These ToS are an agreement between you and
BNI Connect Global LLC, a subsidiary of and on behalf of BNI
Global, LLC together with its sister affiliate company Corporate
Connections Global, LLC, 11525 N Community House Road, Suite
475, Charlotte, NC 28277 U.S.A. If you have any questions about
these ToS, please contact us at
legal@bni.com.
©2018 BNI Global LLC. All rights reserved.
To provide
Counter-Notice to Copyright Infringement,
click here.
The Digital
Millennium Copyright Act (“DMCA”),
17 U.S.C.
§ 512(c),
limits BNI’s liability for copyright infringement by content
residing on our servers.
If you believe that
your copyrighted work has been used or copied, and that it now
resides on our servers in a way that constitutes copyright
infringement, the DMCA details certain steps you may wish to
take. One of these is to give us notice, by providing us certain
types of information specifically outlined in
17 U.S.C.
§ 512(c).
Notice will not be
effective unless and until it is delivered by the U.S. Postal
Service, or other delivery service, to the following address:
BNI Global, LLC
Please provide the
following information:
1.
A signature of the copyright owner, or a person
authorized to act on behalf of the owner, of an exclusive
copyright that has allegedly been infringed.
2.
Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a
representative list of such works on that site.
3.
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit BNI to locate the
material.
4.
Information reasonably sufficient to permit BNI to
contact the Complaining Party, such as an address, telephone
number, and, if available, an electronic mail address at which
the Complaining Party may be contacted.
5.
A statement that the Complaining Party has a good faith
belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law.
6.
A statement that the information in the notification is
accurate, and under penalty of perjury, that the Complaining
Party is the owner, or is authorized to act on behalf of the
owner, of an exclusive right that is allegedly infringed.
Upon receipt of
appropriate notification from the Complaining Party, BNI will
initiate an investigation and forward the Complaining Party's
written notification to the alleged infringer. While BNI is
investigating the claim, BNI, at its sole discretion and without
any legal obligation to do so, may, temporarily remove or deny
access to the allegedly infringing material from the Site.
If BNI concludes
that the Complaining Party has raised a legitimate copyright
claim, it will continue to suspend the alleged infringer's BNI
account and/or if it is solely stored on a BNI server, deny
access to the allegedly infringing material. If BNI concludes
that the Complaining Party has not raised a legitimate claim,
BNI will restore access to the allegedly infringing material.
Copyright Infringement Counter-Notice
If you have received
a notice of trademark infringement that you wish to challenge
based on a good faith belief that the material was removed or
disabled as a result of mistake or misidentification of the
material to be removed or disabled, you may provide Counter
Notice to BNI:
The Digital
Millennium Copyright Act (“DMCA”),
17 U.S.C.
§ 512(c),
details certain steps you may wish to take. One of these is to
give us counter-notice.
The DMCA provides
that BNI, as your service provider, may put the alleged
infringing content back online only upon receipt of a
counter-notice from you, our user/member.
Your counter-notice
must include certain types of information specifically outlined
in
17 U.S.C.
§ 512(c).
Counter-notice will
not be effective unless and until it is delivered by the U.S.
Postal Service, or other delivery service, to the following
address:
BNI Global, LLC
Please provide the
following information:
1.
A signature of the alleged infringer (i.e. your
signature).
2.
Identification of the material that has been removed or
to which access has been disabled and the location at which the
material appeared before it was removed or access to it was
disabled.
3.
A statement under penalty of perjury that the alleged
infringer has a good faith belief that the material was removed
or disabled as a result of mistake or misidentification of the
material to be removed or disabled.
4.
The alleged infringer's name, address, and telephone
number, and a statement that the Infringer consents to the
jurisdiction of the Federal District Court for the Western
District of North Carolina, or if the alleged infringer's
address is outside of the United States, for any judicial
district in which BNI may be found, and that the alleged
infringer will accept service of process from the Complaining
Party or an agent of such Party.
Upon receipt of a
Counter Notice, BNI shall promptly provide the Complaining Party
with a copy of the Counter Notice, and inform such Party that it
will replace the removed material or cease disabling access to
it in ten (10) business days. BNI will replace the removed
material and cease disabling access to it in not less than ten
(10), nor more than fourteen (14), business days following
receipt of the Counter Notification, unless BNI first receives
notice from the Complaining Party that such Complaining Party
has filed an action seeking a court order to restrain the
alleged infringer from engaging in infringing activity relating
to the material on the BNI App, Site or network.
Counter Notice will
not be effective unless and until it is delivered by the U.S.
Postal Service, or other delivery service, to the following
address:
BNI Global, LLC
To notify BNI that
there has been a trademark violation, please follow the specific
instructions.
To provide
Counter-Notice to Trademark Infringement,
click here.
If you (the
"Complaining Party") would like to submit a trademark claim for
violation of a mark on which you hold a valid, registered
trademark or service mark (registered with the United States
Patent and Trademark Office on the Principal Register or, for
foreign marks, registered with the appropriate intellectual
property organization of your country; state registrations and
registrations on the Supplemental Register are not considered
valid for these purposes), BNI requests that the Complaining
Party substantiate such claim by providing the following
information to it.
1.
The trademark, service mark, trade dress, name, or other
indicia of origin ("mark") that is claimed to be infringed,
including registration number.
2.
The jurisdiction or geographical area to which the mark
applies.
3.
The name, post office address and telephone number of the
owner of the mark identified above.
4.
The goods and/or services covered by or offered under the
mark identified above.
5.
The date of first use of the mark identified above.
6.
The date of first use in interstate commerce of the mark
identified above.
7.
A description of the manner in which the Complaining
Party believes its mark is being infringed upon.
8.
Sufficient evidence that the owner of the website that is
claimed to be infringing is a BNI user/member.
9.
The precise location of the infringing mark, including
electronic mail address, etc.
10.
A good faith certification, signed under penalty of
perjury, stating:
11.
The content of the website [identify website] infringes
the rights of another party,
12.
The name of such said party,
13.
The mark [identify mark] being infringed, and
14.
That use of the content of the website claimed to be
infringing at issue is not defensible.
Your trademark claim
will not be effective unless and until it is delivered by the
U.S. Postal Service, or other delivery service, to the following
address:
BNI Global, LLC
Upon receipt of the
appropriate information identified above for trademark claims,
BNI will initiate an investigation and forward the Complaining
Party’s written notification to the alleged infringer. While BNI
is investigating the claim, BNI, at its sole discretion and
without any legal obligation to do so, may temporarily remove
the allegedly infringing material from the Site.
If BNI concludes
that the Complaining Party has raised a legitimate trademark
claim, it may, at its sole discretion and without any legal
obligation to do so, permanently remove the challenged material
from the Site, and suspend the alleged infringer's BNI account.
If BNI concludes that the Complaining Party has not raised a
legitimate claim, BNI will restore access to the allegedly
infringing material.
Trademark Infringement Counter-Notice
If you have received a notice of trademark
infringement that you wish to challenge based on a good faith
belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled, you may provide Counter Notice by providing the
following information to BNI:
1.
A signature of the alleged infringer (i.e. your
signature).
2.
Identification of the material that has been removed or
to which access has been disabled and the location at which the
material appeared before it was removed or access to it was
disabled.
3.
A statement under penalty of perjury that the alleged
infringer has a good faith belief that the material was removed
or disabled as a result of mistake or misidentification of the
material to be removed or disabled.
4.
The alleged infringer's name, address, and telephone
number, and a statement that the Infringer consents to the
jurisdiction of the Federal District Court for the Western
District of North Carolina, or if the alleged infringer's
address is outside of the United States, for any judicial
district in which BNI may be found, and that the alleged
infringer will accept service of process from the Complaining
Party or an agent of such Party.
Upon receipt of a
Counter Notice, BNI shall promptly provide the Complaining Party
with a copy of the Counter Notice, and inform such Party that it
will replace the removed material or cease disabling access to
it in ten (10) business days. BNI will replace the removed
material and cease disabling access to it in not less than ten
(10), nor more than fourteen (14), business days following
receipt of the Counter Notification, unless BNI first receives
notice from the Complaining Party that such Complaining Party
has filed an action seeking a court order to restrain the
alleged infringer from engaging in infringing activity relating
to the material on the BNI App, Site or network.
Counter Notice will
not be effective unless and until it is delivered by the U.S.
Postal Service, or other delivery service, to the following
address: Attn: General Counsel 11525 N Community House Road Suite 475 Charlotte, NC 28277 |
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